Lawsuit Dismissed after Joint Cornerstone/CUNA Amicus Brief Filed in Support of BCM FCU

Friday, March 2, 2018 8:45 AM

Cornerstone Credit Union League is pleased to announce that the plaintiff in the Americans with Disabilities (ADA) lawsuit against BCM Federal Credit Union has voluntarily dismissed the case with prejudice.

This is the same frivolous lawsuit for which Cornerstone and Credit Union National Association (CUNA) filed a joint amicus brief urging the court to dismiss the case in favor of BCM FCU.

In addition, several other cases filed by the same California firm against Texas credit unions have also been dismissed.

"Today, Cornerstone’s aggressive response in the face of these predatory ADA lawsuits has paid off in a big way," said Cornerstone Credit Union League President/CEO Caroline Willard. "It is our hope that this victory will deter future frivolous lawsuits, as they do a disservice to legitimate ADA complainants and harm credit unions' ability to serve their members."

"This is yet another benefit of League membership," said Tony Black, CEO of BCM FCU, a small credit union located in Houston, Texas. "I don’t have the resources to fight this sort of thing on my own."

Just this week, during the CUNA Governmental Affairs Conference, Cornerstone leaders and credit union advocates visited legislators on Capitol Hill regarding the ADA website issue and the spike in meritless lawsuits. Cornerstone will continue to engage with Congress and the DOJ for further clarification on the matter.

Additionally, Willard and a team of Cornerstone staffers and credit unions, visited with Rep. Ted Poe of Texas’s 2nd Congressional District to discuss issues of concern to credit unions. The group expressed support for Poe’s bill, H.R. 620, the ADA Education and Reform Act of 2017. The bill requires notice and the opportunity to cure prior to filing a civil action for an alleged failure to remove an architectural barrier to access in a place of public accommodation. The Cornerstone team requested that the bill be amended to either exclude websites from ADA coverage or, if Congress believes the ADA should apply to websites, the notice and cure provisions should apply to websites as well.

Cornerstone extends thanks to CUNA and the law firms of Brownstein Hyatt Farber Schreck, LLP and Jackson Lewis P.C. for their assistance in support of credit unions.